§ 109 — Powers in relation to conveyances

109.—(1) A police officer or an authorised officer may without warrant, do all or any of the following in relation to any conveyance on which a police officer or an authorised officer has reasonable grounds to believe that gambling has been, or is being, conducted, or which is used to convey any gambling article: (a)

stop and detain the conveyance for as long as is reasonably necessary for the exercise of any other power under this section;

(b)

inspect the conveyance and any equipment in or on the conveyance;

(c)

make a still or moving image or recording of the conveyance and any document or article (whether or not a gambling article) or other thing in or on the conveyance;

(d)

inspect any document or article found on the conveyance and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article (whether or not a gambling article) found on the conveyance if, in the opinion of the police officer or authorised officer —(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate any electronic equipment in or on the conveyance;

(g)

seize any unlawful gambling instrument found in or on the conveyance;

(h)

take into or onto the premises such equipment and materials as the police officer or authorised officer requires for the purpose of exercising powers in this section in relation to the conveyance.

(2) Section 108(3), (4) and (5) applies to the power of a police officer or an authorised officer under this section with the necessary modifications.

(3) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.

—(1) A police officer or an authorised officer may without warrant, do all or any of the following in relation to any conveyance on which a police officer or an authorised officer has reasonable grounds to believe that gambling has been, or is being, conducted, or which is used to convey any gambling article: (a)

stop and detain the conveyance for as long as is reasonably necessary for the exercise of any other power under this section;

(b)

inspect the conveyance and any equipment in or on the conveyance;

(c)

make a still or moving image or recording of the conveyance and any document or article (whether or not a gambling article) or other thing in or on the conveyance;

(d)

inspect any document or article found on the conveyance and take extracts from, or make copies of, any such document or article;

(e)

seize any document or article (whether or not a gambling article) found on the conveyance if, in the opinion of the police officer or authorised officer —(i)

the inspection or copying of or extraction from the document or article cannot reasonably be performed without taking possession;

(ii)

the document or article may be interfered with or destroyed unless possession is taken; or

(iii)

the document or article may be required as evidence in any criminal proceedings or regulatory action instituted or commenced under this Act;

(f)

operate any electronic equipment in or on the conveyance;

(g)

seize any unlawful gambling instrument found in or on the conveyance;

(h)

take into or onto the premises such equipment and materials as the police officer or authorised officer requires for the purpose of exercising powers in this section in relation to the conveyance.

(2) Section 108(3), (4) and (5) applies to the power of a police officer or an authorised officer under this section with the necessary modifications.

(3) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 relating to the handling of property seized by a police officer apply, with the necessary modifications, to any thing coming into the possession of a police officer or an authorised officer under this section.